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United States v. Antieau

United States District Court, Ninth Circuit

July 11, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
DENNIS ANTIEAU, Defendant.

ANTHONY P. CAPOZZI, CSBN: 068525, NICHOLAS A. CAPOZZI, CSBN: 275568, LAW OFFICES OF ANTHONY P. CAPOZZI, Fresno, California, Attorney for Defendant, DENNIS ANTIEAU.

STIPULATION, DECLARATION OF ANTHONY P. CAPOZZI AND ORDER TO CONTINUE SURRENDER DATE

LAWRENCE J. O'NEILL, District Judge.

It is hereby stipulated between the United States Attorney by and through its counsel Brian Enos, the Defendant, Dennis Antieau, by and through his counsel of record, Anthony P. Capozzi that the surrender date of July 15, 2013, to the Federal Correctional Institution at Lompoc, California, be vacated and that a new surrender date of August 19, 2013, be ordered.

IT IS SO STIPULATED.

DECLARATION OF ANTHONY P. CAPOZZI

I, Anthony P. Capozzi, declare that I am an attorney licensed to practice law in the State of California and is in good standing. I am counsel of record for Defendant, Dennis Antieau. I have personal knowledge of the facts stated below and could testify competently to them if required.

1. This attorney has been retained by Defendant, Dennis Antieau, in an attempt to have the Bureau of Prisons re-designate the Defendant to the Medical Facility at Terminal Island.

2. The Defendant's previous attorney, Richard Berman, has since retired and is not able to represent Mr. Antieau.

3. Mr. Antieau has a serious heart condition which must be attended to while incarcerated.

4. Mr. Antieau's medical records were sent via the United States Postal Service Express Mail to the Federal Correctional Institute at Lompoc, California and the Bureau of Prisons Designation Center in Grand Prairie, Texas on February 21, 2013.

5. This attorney was notified on July 9, 2013, that the Bureau of Prisons has reviewed the medical records and determined that the original designation of FCI Lompoc will not be changed.

6. This attorney has spoken to the United States Pre-trial officer Jacob Scott and to Assistant United States Attorney Brian Enos and both agree to a continuance of the surrender date.

7. It is respectfully requested that the Defendant be allowed to surrender on August 19, 2013, at 2:00 p.m. so that he may get his affairs in order.

ORDER

Good cause has been shown to vacate Defendant's surrender date of July 15, 2013, said date is vacated and a new surrender date of August 19, 2013, at 2:00 p.m. is hereby ordered.

IT IS SO ORDERED.


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